Backiyasree, v. K. Palpandi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.12729 of 2022 L.Backiyasree ... Petitioner/ Respondent Vs.

K.Palpandi ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order of withdrawal of H.M.O.P.No.35 of 2022 pending on the file of the Sub Court, Thirumangalam and transfer the same to the file of Family Court, Madurai.

For Petitioner : Mr.C.Ezhilarasu For Respondent : No appearance 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.35 of 2022 pending on the file of the Sub Court, Thirumangalam to be transferred to the Family Court, Madurai on the ground that she is a permanent resident of Madurai along with her two year old child.

2. According to the petitioner / wife, she has already filed M.C.No.45 of 2022 and H.M.O.P.No.575 of 2022, which are pending before the Family Court, Madurai.

3. Though notice has been served on the respondent / husband, he has not chosen to appear either in person or through counsel.

4. In view of the aforesaid facts, H.M.O.P.No.35 of 2022 pending on the file of Sub Court, Thirumangalam is hereby withdrawn and transferred to Family Court, Madurai.

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5. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 24.02.2023 NCC : Yes / No Index : Yes / No Sm To 1.The Sub Court, Thirumangalam.

2.The Family Court, Madurai.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR , J.

Sm Order made in 24.02.2023 4/4